In the High Court of Judicature at Bombay

ordinary original civil Jurisdiction

Writ petition no.2805 of 2001

And

Writ petition no.1048 of 2002

DIRECTIONS PRAYED FROM THE HON'BLE COURT :

1. Every local train run by the railway shall carry one doctor along with a trained assistant (para-medic) who shall undergo training compulsorily in the Basic Life Support course conducted by the Symbiosis Institute at Poona.
   
2. Each train will also carry one stretcher, one cover sheet and necessary primary medical equipments to render immediate medical treatment.
   
3. The railways shall construct 10x10 sq.ft. rooms on each and every station where all medical equipments for the immediate medical treatment as per the golden hour rule shall be stored and used. The construction and operation of these rooms on each and every station shall be completed within a time bound programme preferably three months. Pending the completion of the aforesaid time bound programme the cabins located on each station of the stationmasters shall be used as a temporary arrangement for the medical purposes.
   
4. The railways shall provide the motorman, guard and the stationmaster with adequate communication facilities to enable them to report the accident immediately. The stationmaster on being informed about the accident shall immediately take prompt steps to see that medical treatment is given to the victim and for that purpose he shall use the necessary funds available at his disposal without any restrictions. It shall be the duty of the motorman and the guard that the accident victim is picked up by the train that causes the accident and/or by the next train. For this purpose the train shall be halted in between the stations and the accident victim picked up for medical treatment.
   
5. A centralized control room shall be set up by the railways in coordination with an NGO preferably 'MANAVTA' which is already functioning with the railways. The centralized control room shall be equipped with a toll free number and the number shall be adequately displayed on compartments in trains and railway platforms. The stationmaster shall inform the control room immediately after the accident being reported and the control and room shall immediately make public announcements on all suburban stations about the incident of accident and the name of the victim so that friends and relatives can be traced at the earliest. For the control room the railway will provide five telephone lines, an fully equipped office room admeasuring near about 250 sq feet.
   
6. The railways will have two porters/hamals located at each and every station who shall be paid Rs.100 each immediately for the service given by them in transporting the accident victim from the accident site to the station and thereafter to the ambulances.
   
7. The doctor giving the medical treatment on the victim at the accident site or the station shall have absolute discretion in deciding where and which (private or municipal) hospital/dispensary the victim shall be transported for further medical treatment depending on the gravity of the injury of the victim.
   
8. The railways shall provide for fully equipped ambulance vehicles stationed at each and every station either of its own or through other voluntary organizations who shall be provided with reasonable charges for their services and free parking space on the periphery of the station.
   
9. The stationmaster shall within a period of 24 hours from being informed about the accident make a detailed report about the steps taken by him in tendering prompt medical treatment to the victim and submit the report to the Divisional Operations Manager and the centralized control room. The report will be given the detailed account of the date, time and sequence of events.
   
10. The railways shall formulate and implement an insurance scheme for the purpose of providing medical aid and compensation to the accident victims.
    
11. The railways to immediately and forthwith reduce the gap between the train and platform at different stations so that senior citizens, physically challenged people and women do not fall in the gap and become accident victims. The gap should be brought to the minimum and preferably to the international standards and national standards of safety i.e, the gap between platform and the train should be only 3 inches.
    
12. The railways to reserve separate compartments for senior citizens similar to those for physically challenged and womens reserved compartments.
    
13. The poles and signals that are dangerous and more prone to accidents shall be immediately shifted/removed so that future accidents are avoided. An independent chartered mechanical engineer be appointed by the court to conduct a survey to the entire suburban railway tracks and submit a report of dangerous poles. The expenses of the chartered mechanical engineer to be borne by the railways.
    
14. All the railway suburban trains be converted into 12 compartment trains instead of 9 compartment trains to reduce the load of passengers.
    
15. Overhead bridges for passenger usage to be made available on each and every station on both ends of the platform. The railway crossing for vehicles be stopped by making alternate arrangements such as subways or flyovers by the railways. The railways tracks be cordoned off by adequate walls, fencing etc so that the crossing of railway tracks is stopped.
    
16. The railways to adopt a cyclic time table to reduce the overloading of passengers in the trains as has already been suggested by the railway board itself.
    
17. The railways should not withdraw/reduce the train services during the time since now in Mumbai there is also rush during the day time also.
    
18. The trains should have adequate ventilation facilities since many of the passengers faint and fall off the train due to overloading.
    
19. A monitoring committee be appointed by the Hon'ble Court to continuously monitor the implementation of directions given by the Hon'ble court.
    

Order